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(영문) 울산지방법원 2016.11.25 2016고단3476
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【2016 Height3476】

1. On July 30, 2016, the Defendant posted a letter “I would send a sports movement if I transfer the price” to the victim B who had contacted with the text “I will sell Ik KIk MIk SIk SIS sports.” after having access to the Internet website clock,” and reported it.

However, the defendant did not have any intention or ability to sell money even if he received money from the victim because he did not have such movement.

As above, the Defendant deceptioned the victim, and received 110,000 won from the victim to the deposit account in the name of the Defendant’s bank under the name of the victim for the movement on the same day.

In addition, the Defendant received a total of KRW 2,120,000 from around that time to September 11, 2016, in total, 11 times, as shown in the annexed Table of Crimes.

【2016 Highest3884】

2. On October 11, 2016, the Defendant: (a) accessed the Internet website citter; (b) reported the victim’s writing stating that “I will seek the Naki cit cit cit cit cits; and (c) contacted the victim; and (d) called “I will send the citization if I transfer the proceeds.”

However, the defendant did not have any intention or ability to sell money even if he received money from the victim because he did not have such movement.

As above, the Defendant deceptioned the victim, and received 300,000 won from the victim to the bank account in the name of the Defendant in the name of Gyeongnam Bank on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment and concurrent crimes provided for in paragraph (2) of the same Article, which are the most severe punishment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The recommendation type of the sentencing criteria (the determination of types) shall be made;

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